Legal considerations on the use of the Studio Ghibli visual style: copyright and data protection

Legal considerations on the use of the Studio Ghibli visual style: copyright and data protection

The fusion of creativity and technology in the digital age has given rise to new forms of artistic expression, such as transforming images into the Studio Ghibli aesthetic.

However, this trend—which seeks to emulate the visual magic of the studio’s films—has sparked significant debate regarding the protection of personal data in the context of AI-powered tools, as well as the copyright implications inherent to the Ghibli style.

Risks to data protection

In recent weeks, thousands of social media users—many influenced by online “influencers”—have shared personal photographs styled in this Japanese aesthetic.

However, the use of digital tools that rely on artificial intelligence to edit photos—specifically, those that transform photographs into the Studio Ghibli style, such as OpenAI’s tools—raises important questions about data protection.

First and foremost, we must consider that the images we share with these tools contain personal data. According to the General Data Protection Regulation (GDPR), personal data refers to any information that can directly or indirectly identify a natural person. In this context, images qualify as personal data, as they can reveal a person’s identity through facial features.

Therefore, by using these photo editing tools, we are granting them access to images containing personal data (including biometric data such as the iris) which is categorized as special category data under the GDPR.

According to OpenAI’s Privacy Policy, the company may use user-uploaded content—such as images and text—to improve and train its artificial intelligence models, unless the user has explicitly requested otherwise.

In other words, OpenAI can use the photos shared with its tools for AI training purposes unless the user opts out of such processing.

Thus, before following such popular trends, it is crucial to carefully read the information regarding how these tools process personal data and to understand the potential risks of transforming our photographs into this visually appealing aesthetic.

Visual identity and copyright

While the artistic style of Studio Ghibli itself is not directly protected by intellectual property law, the controversy lies in the underlying process used to achieve this imitation.

It is important to understand that a style, by itself, cannot be subject to copyright protection; rather, it is the specific expression of original creations that is protected.

From this perspective, the issue does not arise from taking inspiration from the style, but rather from the potential unlawful use of Studio Ghibli’s copyrighted images to train the artificial intelligence algorithms used to replicate the style. This could represent a copyright infringement by OpenAI, should it lack proper authorization.

OpenAI, for its part, argues that training AI models on copyrighted works falls under the doctrine of “fair use.” However, the legitimacy of this argument is questionable and challenging to justify for an entity such as OpenAI.

Allowing such an exception would set a dangerous precedent, enabling the training of algorithms using copyrighted material without proper attribution, permission, or financial compensation to the original creators.

The debate on AI use and style plagiarism

This new functionality offered by OpenAI has sparked a broader debate regarding the fine line between inspiration and plagiarism in the digital age. Generative artificial intelligence is here to stay, and its use has divided public opinion—between those who see it as a tool for innovation and experimentation and those who are concerned about the potential erosion of artistic identities.

In a present where machines can learn to replicate artistic patterns, where do we draw the line on authorship and originality?